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05-17-11 HRA Special Agenda AGENDA GOLDEN VALLEY HOUSING AND REDEVELOPMENT AUTHORITY Special Meeting Golden Valley City Hall 7800 Golden Valley Road Tuesday — May 17, 2011 6:00 PM in Council Chambers Pages 1. North Wirth Area Redevelopment 2-4 Tax Increment Financing District 3 —Termination of Note and Decertification of District (Resolution 11-03) 2. Adjournment d l _ .. 0 T�his.document is available in alternate formats upon a 72-hour request. Please call 763-593-8006 (TTY: 763-593-3968)to make a request. Examples of alternate formats may include large print, electronic, Braille,audiocassette, etc. Ci ' ciGolden Hou Valley sing & Redevelopment Authority 763-593-8014/763-593-8109 (fax) Executive Summary for Action Housing and Redevelopment Authority Meeting May 17, 2011 Agenda Item Tax Increment Financing District No. 3 - Termination of Note and Decertification of District (Resolution 11-03) Prepared By Jeanne Andre, Assistant Director Summary GVEC Properties has been in default of the GVEC Properties LLC Private Development Agreement due to non-payment of taxes. A notice of the default was sent on February 23, 2010, and the default has not been cured. Based on the default, staff is recommending that the outstanding Note be terminated. If there is no Note, there is no reason to collect increment, so it would also be recommended that the TIF district be decertified. Hennepin County has a June 30 deadline for changes to TIF districts effective January 1 2012. A bank holds the TIF Note and a second bank holds a mortgage on the property. A bank representative has reported that the 2009, 2010 and first half, 2010 taxes will be paid by May 16. Staff has requested that proof of payment be provided to the HRA by May 16. Attachment Resolution No 11-03, Terminating a Note Issued Pursuant to the GVEC Properties LLC Private Development Agreement as Amended and Recommending the Amendment of the North Wirth Tax Increment Financing District to Discontinue the Collection of Increment Generated From Certain Parcels Recommended Action Motion to adopt Resolution No. 11-03, Terminating a Note Issued Pursuant to the GVEC Properties LLC Private Development Agreement as Amended and Recommending the Amendment of the North Wirth Tax Increment Financing District to Discontinue the Collection of Increment Generated From Certain Parcels Resolution 11-03 May 17, 2011 Commissioner introduced the following and moved its adoption: RESOLUTION TERMINATING A NOTE ISSUED PURSUANT TO THE GVEC PROPERTIES LLC PRIVATE DEVELOPMENT AGREEMENT AS AMENDED AND RECOMMENDING THE AMENDMENT OF THE NORTH WIRTH TAX INCREMENT FINANCING DISTRICT TO DISCONTINUE THE COLLECTION OF INCREMENT GENERATED FROM CERTAIN PARCELS WHEREAS, by adoption of a resolution on July 6, 2004, the City Council of the City of Golden Valley Minnesota (the "City") has heretofore created the North Wirth District#3 Tax Increment Financing District (the "District"), located within North Wirth Development District No. 1505, and has approved a Tax Increment Financing Plan (the "TIF Plan"), for the District to provide assistance to the project area for soils correction; and WHEREAS, the County Auditor of Hennepin County (the "County") has certified the original net tax capacity and the original local tax rate of the District pursuant to the provisions of Minnesota Statutes, Section 469.177; and WHEREAS, the Housing and Redevelopment Authority (HRA) issued a Note for the soils correction to GVEC Properties LLC ("Developer") on July 10, 2006 to refund the costs to correct soils within the North Wirth Redevelopment Project; and WHEREAS, in 2009 said Note was amended pursuant to an Amendment to the GVEC Properties LLC Private Development Agreement, to provide that interest payable on said Note is suspended if the Developer is in default; and WHEREAS, the amended Note provided that interest payable on said Note is suspended and the Note may be terminated if the Developer is in default and said default is not cured within 60 days' notice of the Default; and WHEREAS, notice of the default was sent on February 23, 2010, and said default has not been cured, and property taxes from 2009, 2010 and the first half payable 2011 are outstanding; and WHEREAS, the City and the County have defined the North Wirth Area #3 parcels as County Project Number 1505 which has a preliminary frozen tax capacity of$6,650 and a preliminary current tax capacity of $41,955 for taxes payable year 2011; less fiscal disparities contribution from each parcel; and WHEREAS, as of the date hereof, the HRA recommends that the Note be cancelled and increment revenue received through the end of the 2011 be forwarded to Hennepin Country for redistribution to taxing jurisdictions in the 2012 calendar year. NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Authority that the Note issued pursuant to the GVEC Properties LLC Private Development Agreement, as Amended, is hereby terminated and the Tax Increment Financing District, County Project Number 1505, be decertified; and BE It FURTHER RESOLVED that the HRA request that the City Council of the City of Golden Valley, Minnesota: (i) direct the County to discontinue sending increment generated from County Project Number 1505, in its entirety, to the City after December 31, 2011; (ii) the collected increment generated by County Project Number 1505, that has not been remitted to the developer due to non- payment of property taxes, be submitted back to Hennepin County for distribution to the taxing jurisdictions located in North Wirth #3 Project Area; and (iii) the City Clerk provide a certified copy of this resolution to the County Auditor of Hennepin County as notification of the City's compliance with the special legislation. Adopted: Paula Pentel, Chair ATTEST: Thomas D. Burt, Director Motion for the adoption of the foregoing resolution was seconded by ; and upon a vote taken thereon, the following voted in favor thereof and and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Chair and his signature attested by the Director.